CC - Staff ReportSTAFF REPORTC�
E IDIAI--
COMMUNITY DEVELOPMENT DEPARTMENT �` W
HEARING 3/19/2019
DATE:
TO: Mayor & City Council
FROM: Bill Parsons, Current Planning Supervisor
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2019-0001
Summerwood Subdivision
LOCATION: North side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road
in the S '/2 of Section 27, TANK I W. AND southwest corner of W. McMillan Road
and N. Ten Mile Road in the NE 1/4 of Section 34, T. 4N.1 W.
I. PROJECT DESCRIPTION
The applicant has applied for a development agreement modification for the purpose of
combining/terminating four (4) recorded development agreements [DA Instrument Ws 106034786
(Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282
(Volterra Mixed-use)] to create one (1) new master agreement that governs the entire
Vicenza/Volterra development.
II. SUMMARY OF REPORT
A. Project Summary
Acreage
Future Land Use Designation
Existing Land Use
Proposed Land Use(s)
Current Zoning
Proposed Zoning
Lots (# and type; bldg/common)
Phasing plan (# of phases)
Number of Residential Units (type
of units)
Density (gross & net)
Details
+/- 276 acres
LDR, MDR, Commercial, MU -C
Undeveloped, SFR, Commercial
SFR
R-4, R-8, R-15, L -O, C -C, C -G
NA
NA
NA
NA
NA
Page 1
Open Space (acres, total
buffer / qualified)
Amenities
Physical Features (waterways,
hazards, flood plain, hillside)
Neighborhood meeting date; # of
attendees:
NA
NA
NA
December 19, 2018; one attendee
III. APPLICANT INFORMATION
A. Applicant/Representative:
Matt Munger, WHPacific
2141 W. Airport Way, Ste. 104
Boise, ID 83705
B. Owner:
Bridgetower Investments, LLC
2228 Piazza Drive
Meridian, ID 83646
IV. NOTICING
Newspaper Notification
Radius notification mailed to
properties within 300 feet
Applicant posted site on
Nextdoor posting
V. STAFF ANALYSIS
PROJECT HISTORY
City Council
Posting Date
3/1/2019
2/26/2019
3/8/2019
2/26/2019
Prato Villas/Summerwood: In 2006, the Prato Villas project received annexation approval (AZ -
06 -022, DA Instrument #108087854). In 2017, a new preliminary plat was approved by the city
known as Summerwood (H-2017-0083). A DA modification was not required at the time of the
Summerwood plat approval because the new layout complied with the provisions of the recorded
DA.
Volterra Mixed-use: In 2008, a portion of the property (111 acres) was rezoned and removed from
the original development agreement (DA #106034786). This portion of the property has an
approved concept plan that depicts a large business park development. A new development
agreement (instrument # 110051282) was required with the approval of the rezone.
NOTE: The Walmart store and the four (4) parcels located at the NWC of McMillan and Ten
Mile Roads will remain subject to the requirements of this DA and received plat approval in
2015 as the Coleman Subdivision. These conditions remain affect with the subject property.
Volterra North and South: In 2010, this property received preliminary plat (PP) approval for 301
residential lots on 120.6 acres of land for Volterra North Subdivision and approval to rezone (RZ)
58.33 acres from the R-4 (Low-density Residential District) zone to the R-8 (Medium -density
Page 2
Residential District) zone and preliminary plat (PP) approval for 194 residential lots on 80.4 acres
of land for Volterra South Subdivision. A modification to an existing development agreement was
approved (DA Instrument #111010393) to amend the original DA approved with the annexation of
the property in 2006 (DA Instrument #106034786). The DA approved in 2006 was to be replaced
with DA Instrument #111010393, but never was. The applicant is now requesting DA #106034786
be terminated as originally intended.
Further, the City Council approved an amendment to DA Instrument #111010393 (H-2016-0033)
to allow a right -out only access to N. Ten Mile Road within the Volterra South development. The
right -out only access is constructed; however the applicant never signed the amended DA within
the 6 -month timeframe so this approval has expired. Because the access is constructed, staff
recommends that the new DA reflect the action of the previous Council decision on the approval
for the access.
MDA Request: The subject 276 acres of property is governed by four (4) development
agreements approved with the various projects as noted above. All of the subject property is
envisioned to develop with a mix of residential and commercial uses. For illustrative purposes,
staff has included the approved plats and concept plan for each of the properties and highlighted
which DA governs the respective property (see Exhibit VII.C). These exhibits will remain as
exhibits in the new DA.
The applicant's request includes the termination of the four (4) previous agreements for the
purpose of entering into one (1) master agreement to govern all of the subject property
(approximately 276 acres) (see VII.B). The applicant believes having one (1) master agreement
will help administer development of the subject properties.
Staff has reviewed the terms of the four (4) previous development agreements to determine which
provisions may still apply and if any new provisions should be included into the new master
agreement. Staff has included all of the DA provisions that govern the subject property and either
recommended modifications or removal of certain provisions as follows:
Prato Villas/Summerwood DA Provisions (DA Instrument #108087854):
1. Staff recommends that the provisions be removed as they are no longer applicable to
govern the subject property. The applicant has requested as part of the DA modification
that the Summerwood property be included within the boundary of the new master
agreement. By doing so this property will be afforded the rights to use the open space and
amenities approved with the Volterra North Subdivision. Staff recommends the
termination of DA #108087854.
Volterra Mixed Use DA Provisions (DA Instrument #110051282):
1. Modify: All future development of the subjeet pr-aper-ty shall eemply with City of Mer-idia
^..a:naftees in orf et at the time of development ara The mixed-use portion of the Volterra
development (area north of McMillan Road; west side of Ten Mile Road) shall be generally
consistent with the conceptual site plan submitted with this application, excluding the
properties subdivided with the Coleman Subdivision, as determined by the Planning
Director. Any major variations to the concept plan shall require an amendment to the
development agreement and requires a new concept plan for the overall development.
2. Remove: All futuFe development on the site shall be subjeet to adffl_ifiistFa�ive d i
3. Modify: These sites have an existing development agreements recorded as instrument
#106034768; 108087854; 111010393; and 110051282. The entire boundary of the
property as depicted in Exhibit A.3 aer-es shall be subject to a new development agreement
Page 3
for- the VelteFF Mixed Use Pr-ejeet and will no longer be subject to the previous four (4)
development agreements.
4. Remove: The C G zoned p pert . shall consist of a fninimum of 6 buildings with
footage for- this por-tion of development shall be 559,000 s e feet.
5. Remove: The C Czoned pr-oPefty shall consist of a , , of 11 buildings with no one
footage f this po-tion of the develo»�ment shall be 464,000 s o feet.
6. Remove: The t n zoned reAy shall consist of a minimufn of 5 buildings with
building exeeeding 20,000 square feet. The maximum allowable non residential sqttar-e
footage f this per -tion of the development shall be 120,000 s e feet.
7. Remove: The n 15 zoned peFt . shall eonsist of „ . , of 3 buildings and .,
minimum density of 8 &�,ellings,Lbeds pef aer-e and a maximum of 75 buildings pr-ovided it
does not eiieeed the defisity r-equifements of the R 15 zoning distfiet with no one btfilding
IM
&Eeeeding 430,000 e feet.
8. Modifiy: The applicant shall construct five central plaza areas and associated pathways on
the site as generally depicted on the conceptual site plan for the mixed-use portion of the
Volterra development.
9. Remove: All buildings on the site shall be generally consiste * , Fice with the
living,attached photos (large box, health care, hotel, health club, genefal business, senior
skilled atifsifig, Fetail) sttbfnitted with this apphea4ieii, as deteffflined by the Planning
Di et
�r
10. Remove: The pfoposed non Fesidential and residential buildings shall be constfueted with
br-iek, with substantial stone aeeefits, fetif: sided afvhiteetttfe: for- retail tises one side ma�
e full faqade tfeatment if thefe is sefeent. g fef the loading area., highlighted
main entfa-iiees, stamped decorative conefete, flat Foofs, aeeent metal ,
11. Remove:
and N. Ten Mile Roadwith 5 foot detaelied sidewalk. Any futtir-e eelleeter- stf eets shall hav-e-
a miaimttm 20 feet wide landseape buffer -s on eaeb side of the street. Any fittefe Weal
eemmefeial stfeets shall have a minimum 10 foot Nvide landseape btt�n These buff-ers shall
be designed in aeear-danee with the staiidar-ds listed in UPC 11 3B 7 and shall bee
eafistriteted with platting of the pr-apeft-y or with the isstianee of the fifst btfildifig peffflit if
the pla4 has not been feeer-ded.
12. Remove: ,
13. Remove: The applioant shall be responsible to obtain a Gei4ifieate of Zoning Complian
pfope4y.
14. Remove: Any fawfe signalization installed as the festilt of the development of this pr-ejeet
shall be equippedwith Optieom Sensors to enstife a safe and ef4eient r-espefise by fire and
emer-geney fnedieal ser-viee vehieles. This east of this ifistallatiOR is tO be bE)Me by thee
developer,
15. Remove: aess onto Ten Mile Read just iiat4h of MeMillan Read shall be
designed . a Fight i ,-ight out a-;vew ..
16. Modify: The applicant shall coordinate with the Parks Department to facilitate the actual
design and exact location of the pathways in accordance with the standards listed in UDC
11-313-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed
Page 4
when the extension of the north east/west collector roadway through the mixed-use portion
of the Volterra development is constructed on the site.
Volterra North and South DA Provisions DA Instrument #111010393 (terminate DA
Instrument #106034768):
1. That prior to approval of the 200' residential lot, (including Volterra North and Volterra
South), the 10.2 acre park (James Park) shall be constructed. That -The -park shall include
the proposed swimming pool and restrooms, the water feature (fountain), club house, the
10 -foot wide multi -use pathway and the tot lot.
Removed and added above: That the p k shall inelude the pfopesed swimming pool an
restr-ooms, the water- featil e (fountain), elub house, the 10 feet wide multi use pathway and
that,
3. Modify: That prior to approval of the 400' residential lot (including Volterra North and
Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed.
T4iat The park shall include the proposed plaza area and playground equipment.
4. Removed and added above: That the p r4 shall ,.ludo the pFepased plaza af ea ra
5. Modify: Future development in the C -G, C -C, L -O and R-15 zones shall comply with the
structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set
forth in the Architectural Standards Manual.
6. Modify: Future homes constructed within the Volterra North, Volterra South and
Summerwood Subdivisions shall substantially comply with the sample elevations attached
to each of the respective Findings (see Exhibit "`
7. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
8. Modify: For Phasing purposes, Volterra North, ate -Volterra South and Summerwood plats
shall be reviewed as one project and all beth plats shall remain valid as successive phases
receive City Engineer's signature. The same applies to any future time extensions that may
be requested.
Add New Provision:
One "Right Out, Exit Only" access point will be permitted south of the spine road (N.
Vicenza Way) onto Ten Mile Road for egress from the adjacent commercial lots.
Staffs recommended DA provisions are in Exhibit VILE.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed DA modification as set forth in the exhibits
in Section VII.
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kIfA I = 0114 is 111.110
A. Vicinity Map and Existing Development Agreements
Page 6
B. Legal Description and Development Agreement Boundary
VICIENZ•A SUBDIVISIGN P.A. Mod Batt' July 11, 2017
A p®rcel of land being a portion of the SW of Section 21, Township 4 Nortk Mtge 1 West, Boise
Meridian, City of Mcridian, Ada County 14%bo, mora particularly described w follower
BEGIX G at the C+114 corner of said Section 27, monutnented by a ohiseled' W" in the concrete
irtigation stroewre {CvornerRecord No. 991130, from which the 1 114 corner of said Scction 27,
monurnented by a 3.5" 13iws Gap' (Cornor Rccord No, 2015-d'79246)), bears North 89'20'10" West a
distance of 2649.83 feet;
Thence South 6€3°21' 1 t1" leant, coincidealt with the n<rth lustre of the }?114 of said Section 27, a distance of
2626.00 feet, to the westerly right of way line of N. Teat Mile Road,
Thence South 00°2F] 6" West, coincident with said westerly right of way lane, gout k O i' l6" West, a
distance of 1331.54 feet,
Thence North BV38"44" West, coincident with said westerly right of way line, a distance of 8.00 feet;
Thence South 00'21'16" West, coincident with said westerly right of way lime, a Aifitanoe of 174.63 fwt,
Thence North $9138"44" West, coincident with said westerly right of way line, a distance of 13-00 feet}
Thence North $9"15 `22" West, a distance of 622,75 feet;
Thence Worth 0149'12" East, a distance of 112:27 feet;
Thence North 8 V561WI West, ar distance of 434,84 feat to the easterly right of wty line of N011h Vicenza
Stmt;
Then South 60°29'30" West a dieter" of 62.00 feet to the westerly right of way I me ofidordi Vicenza
Street and the beginning of a nose -tangent curve tG the right;
Theme southerly along the arc of said canoe to the tight, coincident with said wcstwly right of Way line,
an .arc distance of 130.71 feet, said curve having as rvAus of"245.00 feet, a central angle of 30134"01", and
a chord bearing of'South 14°13'29" East a distance of 129,16 feet;
'Thence Soutb Oi°{13"3I'° bleat, coincident with said westerly right of way line, a distawn of 588.00 .Feet,
to the bcgirming of a cme to the left;
Thence southerly alb otic arc of said curve to the left, come ident Willi said westerly right of way Be, an
are distance of 154.00 feet, said curare having a radius of 385.00 fhet, a central angle of 22°55"06", and ra
chord bearing of Srruth 10'24'02" Eaat a distance of 152.98 fb9t,
Thenen South 2115 1'35'Bast, cofneident with said westerly right of way litre a distance of 79,51 feet, to
thc. beginning of a curve to the right,
Thtnce, southerly along the arc of said curve to the right, coincident with said westerly right of way lime,
an am distance of 54.40 heat, said curve having a radius of 136.00 font, a centmi a 4e, of 22°55'06'd, and a
Qbord hearing of South 10'24'02" Last a distance of 54 04 feet;
Page 7
`nenoo South 01°{13'31" West, ouinrAtnt with said westerly right of way lisle, sadistance of 17OF81 fact
to the northerly right of way lime of W. McMillan Road;
' emoNodb 99"55'29" Waw o uinridontwith said northerly right of way lime, a distance of 751.33 f=t;
Thence South W29'57" East, coincident with said northerly right of way lisle, a distmod of 7.57 feet;
TbcnceNurth 99055'29" West, coincident with said northerly rightofway line, a disimx of 843.10 fiaet,
to tho southwest comer ofthe Vicenza SubdivWwr4 Boom 108, Pages 15026-15029, Ad% County Records;
Thence North 00"N'00" Fast, coincident with the wesledy lime of said Vk enza Subdivision, A distatrne of
595.90 fest,
Thence Ncnth 00'19101 " Emk eolncident with said westerly Hnc,, a distance of 659.78 fe=et to the
northeast corner of Black Cat Estates No- 2, Book 12, Pages 1%5-1946, ,oda County Records,
Thettca North 8917'46" West, coincident tiwitls the northerly lino of said Mack Coat 2states No. i, a
die anco o'f 1261.80 fc7ct;
Thence North 12°47'57" West, a distance of 2063 1 feet,
Thcnco North 98111 I'16" West, a distance of $ 5� 7 I feet;
Thanes North .5tYp50'32" West, a distance of 89.09
Thema North 34124'23" West, a distance of 79.54 f
Thcnrrc North I W38'5T' Nest, a distanco of 111,75 fe&,
Themov North 95,1134'56"'West, a distenor. of 243,71 feet to the easterly right of way line ofNorth Black
Cat Road;
Thence North 00'31 A Ir Fast, coincident with said easterly right of way line, a distance of M-75 feet to
the north line of tha SWI 14 of said Rection 27;
Thence South 99'20'10' FAgt a distmce of 2601.93 %ot to the PC11'1+1'T OF BEGINTGNG,
-Pw above described puvr l oontaitss $,645,194 square fut car 196.47 acres, more or less.
AND ALSO
Lots 6 and 7, [3 [aok Cat Estates No, 2, &ook 32, Pages 1945-1945, Ada County Reeords.
This legal descHplion was compiled from Data of Record.
Togetl= with and subject to covenants, eascmtnts, and rcatriictions of record.
Page 8
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VO TEf<tE2A SUBIRVISION D.A. Mod Date: July 11, 2417
A parcel of land beimS a portion of the NIS NEV4 of Section 34, Township 4 North, lunge 1 West,
Bolsc Meridian, City of Meridian, Ada COUnty, Idahoy inom peu'ticulerly -described as follows:
GDMI4IFNONG at the N114 corner of said Section 34, monumented by a 518" Rebar with illegible Cap
(Comer Rcrcwd No. 2015.079244), from which the northeast comer of said Section 34; monumontod by a
51r Rebar (CoracrRoMANo. log 122 ), bears South 88°56'29" FA9, %distance of 2654.64 foe ,
Thence South D"43'44" West, coincident with the west lino of said N112 NEI/4. a distance of 25.00 feat,
to the southerly right of way line f 'W, McMillan Road and the POOT OF BEGEYMN ;
`]'hence South 11$°56'29" East, coiiuoido t with said southerly right of way line, a dislmiave of 2558,145 feet;
Thence South 52149'13" East, incident with said southuly right of way line, a distance of 61:70 feet, to
the westerly right of way liars of N. Ton Mile Road.
Thence South W'52'40" West, coincidantwith said westarly riot of vmy line, a distance of 125433 feet
to the south 1 ine of said NI f2 NEIM;
Thcnoa North 99`06'3-V' West, coincident with saki sou@h I Lire, a distance of 2605.15 feet to the southwed
LA-CLM VfUtriLl Nlf2 N 114 (C241116 combr);
Thancc North 0°'43"44" Fast, coincident with the west lino of said NV2 NEI 14. a diffmnee of 1298,36 foot,
to the P€`JEff OF BEGINNING:
Tho above dcsoribod parcel oeantains 3,373,738 squaro feat or 77.45 acres, more or less.,
This legal d +scription. was compiled from Data of Record.
Topther with and subject tQ covenants, twimnents, and restrWions ofrewrd,
Page 10
Page 11
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C. Approved Plats and Concept Plan (Include as Exhibits in the New DA)
Summerwood:
A PRETIMLNARY PLAT OF
SUM_NLEnWOOD ESTATES SUBDIVISION
REPLAY OF LOPS B & 7. BLOCK BLACK CAT ESTATES NO. 2
SECTION 27 T 4 N R 1 N'., B. M,
MY OP MF,RMLW', .Alla LOLTNY, Ib HD
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Volterra Mixed-Use/Volterra North and South
Page 13
Page 14
D. Staff Recommended Development Agreement Provisions
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6. 1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. The mixed-use portion of the Volterra development (area north of McMillan Road; west
side of Ten Mile Road) shall be generally consistent with the conceptual site plan submitted
with this application, excluding the properties subdivided with the Coleman Subdivision, as
determined by the Planning Director. Any major variations to the concept plan shall require
an amendment to the development agreement and requires a new concept plan for the overall
development.
2. These sites have existing development agreements recorded as instrument #106034768;
108087854; 111010393; and 110051282. The entire boundary of the property as depicted
in VII.B shall be subject to a new development agreement and will no longer be subject to
the previous four (4) development agreements.
3. The applicant shall construct five (5) central plaza areas and associated pathways on the
site as generally depicted on the conceptual site plan for the mixed-use portion of the
Volterra development.
4. The applicant shall coordinate with the Parks Department to facilitate the actual design
and exact location of the pathways in accordance with the standards listed in UDC 11-3B-
8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when
the extension of the northern east/west collector roadway through the mixed-use portion of
the Volterra development is constructed on the site.
5. That prior to approval of the 200' residential lot, (including Volterra North and Volterra
South), the 10.2 acre park (James Park) shall be constructed. The park shall include the
proposed swimming pool and restrooms, the water feature (fountain), clubhouse, the 10 -
foot wide multi -use pathway and the tot lot.
7. That prior to approval of the 400' residential lot (including Volterra North and Volterra
South), the proposed three (3) acre park south of McMillan Road shall be constructed. The
park shall include the proposed plaza area and playground equipment.
8. Future development in the C -G, C -C, L -O and R-15 zones shall comply with the structure
and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the
Architectural Standards Manual.
9. Future homes constructed within the Volterra North, Volterra South and Summerwood
Subdivisions shall substantially comply with the sample elevations attached to each of the
respective Findings.
10. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
11. For phasing purposes, Volterra North, Volterra South and Summerwood plats shall be
reviewed as one (1) project and all plats shall remain valid as successive phases receive City
Engineer's signature. The same applies to any future time extensions that may be requested.
12. One "Right Out, Exit Only" access point will be permitted south of the spine road (N.
Vicenza Way) onto N. Ten Mile Road for egress from the adjacent commercial lots.
Page 15